HomeMy WebLinkAbout05-012 Holistic Health Ctr CUP
AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: July 26, 2005
SUBJECT:
ATTACHMENTS: 1.
RECOMMENDATION: 1.
2.
3.
4.
PUBLIC HEARING - PA 05-012 (Adjudicatory Action) Holistic Health
Center Conditional Use Permit to conduct massage within an existing
±468 square foot office space at 6665 Amador Plaza Road, Suite 203
Report prepared by: Marnie R. Nuccio, Associate Planner and Kimberly
Tam, Planning Intern ~
2.
3.
4.
Resolution approving a request for a Conditional Use Permit to
conduct massage within an existing ±468 square foot office space
located at 6665 Amador Plaza Road, Suite 203
Applicant's Written Statement
Proj ect Plans
Aerial Vicinity Photo
Open public hearing and hear Staff presentation.
Take testimony ffom the Applicant and the public.
Close public hearing and deliberate.
Adopt Resolution (Attachment 1) approving a request for a
Conditional Use Permit to conduct massage within an existing ±468
square foot office space located at 6665 Amador Plaza Road, Suite
203.
PROJECT DESCRIPTION:
The Applicant, Botand Hites, Holistic Health Center, is requesting approval of a Conditional Use Permit
to conduct massage within an existing ±468 square foot office space at 6665 Amador Plaza Road, Suite
203. The Holistic Health Center would provide a variety of methods for treating chronic pain including
deep tissue massage. The Holistic Health Center would be operated solely by its owner, Mr. Hites; there
would not be any additional employees. Mr. Hites has over 1,300 hours of certified training from the
Heartwood Institute and has worked under the direction of a physical therapist for 6 months. The hours of
operation for the Holistic Health Center would be Monday thru Sunday from 8am-6pm (Attachment 2).
The ±468 square foot office space would include a ±283 square foot office space and a ±185 square foot
treatment room (Attachment 3). A maximum of 1 massage station would be located within the treatment
room.
ANAL YSIS:
Zoning:
The proposed Holistic Health Center would be located within Enea Plaza in a PD, Planned Development
Zoning District (PA 96-043) and within the West Dublin BART Specific Plan Area (See Attachment 4).
Both the Specific Plan and General Plan land use designations are Retail/Office. The proposed use would
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COPIES TO:
Applicant
Property Owner
ITEM NO.U
occupy a portion of an existing ±20,604 square foot office building on ±1.15 acres of land. Approximately
11,351 square feet of the office building is currently occupied with various professional office uses while
9,253 square feet remains vacant. The site is located at the southwest junction of I-580 and 1-680; an
automobile dealership (Stoneridge Jeep, Chrysler, and Dodge) is located to the North of the site and
professional offices to the West.
The PD Zoning on the property establishes the permitted, conditional and prohibited uses for the site.
Permitted uses include retail commercial, eating and drinking establishments, personal services and
professional office. Personal services and professional offices include such uses as beauty salons, barber
shops, medical and dental, and other administrative and professional office uses. Massage Parlors are a
prohibited use within the PD Zoning; however, a Massage Parlor is not defined in either the PD Zoning
regulations or the Dublin Zoning Ordinance. Under the authority of Section 8.04.060, the Planning
Manager has interpreted Massage Parlor as, an establishment that employs several individuals who
specialize in providing massage services to clients. According to the Applicant's Written Statement
(Attachment 2) the proposed Holistic Health Center would treat patients who suffer from chronic pain
through a variety of medical techniques, one of which is deep tissue massage. Based on this description of
how the business operates, Staff has interpreted that the proposed use does not fit within the category of a
Massage Parlor and therefore would not be a prohibited use within the PD Zoning District.
The PD Zoning regulations for the site does not otherwise list massage as being a Permitted or
Conditional Use; however, the PD Zoning District does encompass a variety of retail commercial uses
which are comparable to a C-l, Retail Commercial Zoning District. Staff referred back to the Zoning
Ordinance for a list of permitted and conditional uses within a C-l Zoning District and noted that Massage
is listed as a conditional use subject to review and approval by the Planning Commission.
Because deep tissue massage is a component of the proposed Holistic Health Center and the Zoning
Ordinance allows Massage as a conditional use within C-l Zoning District, Staff determined that a
Conditional Use Permit is required for the Holistic Health Center.
Parking:
The Off-Street Parking and Loading Regulations contained within the Dublin Zoning Ordinance establish
the parking requirements for professional office and massage uses. The proposed Holistic Health Center
would have a ±283 square foot office space and ±185 square foot treatment room where deep tissue
massage would be conducted. Based on these square footages, the following parking would be required:
USE SQUARE FEET PARKING NO. OF
REQUIREMENT SPACES
Professional Office +283 1 per 250 square feet 1 space
Massage + 185 (1 massage station) 2 per massage station 2 spaces
TOTAL 3 spaces
There are eighty-three (83) existing on-site parking spaces to serve the entire 20,604 square foot office
building. Based on the existing tenant mix a total of sixty-seven (67) spaces are being utilized leaving a
surplus of thirteen (13) parking stalls, three (3) of which would be required for the Holistic Health Center.
ENVIRONMENT AL REVIEW:
This project has been found to be Categorically Exempt ttom CEQA under Section 15301 of the
California Environmental Quality Act Guidelines. Class I consists of the leasing of an existing office
space involving no expansion of the use.
2
CONCLUSION:
The proposed massage use as part of the Holistic Health Center would be consistent with the General Plan,
the West Dublin BART Specific Plan, and PD Zoning District in which it is proposed to be located. It
would not negatively affect surrounding businesses or the public health, safety, and welfare. Sessions
would be quiet and undisruptive of surrounding businesses. The use would not impact property,
transportation systems, or improvements to the neighborhood as no changes to the site are needed to
accommodate the use and no changes are proposed to the exterior of the building. No hazardous wastes or
substances occur on this site and there would be adequate parking to accommodate the use. Additionally,
Staff has proposed Conditions of Approval as part of this use permit that would ensure on-going
compatibility with surrounding businesses and users.
RECOMMENDATION:
Staff recommends that the Planning Commission, 1) open the public hearing and hear Staff presentation;
2) take testimony from the Applicant and the public; 3) close the public hearing and deliberate; 4) adopt a
Resolution (Attachment 1) approving a request for a Conditional Use Permit to conduct massage within an
existing ±468 square foot office space located at 6665 Amador Plaza Road, Suite 203.
3
GENERAL INFORMATION:
APPLICANT:
Botond Hites
5945 Bruce Drive
Pleasanton, CA 94588
PROPERTY OWNER:
HHH Investment Company
5601 Arnold Drive
Dublin, CA 94568
LOCATION:
6665 Amador Plaza Road, Suite 203
ACCESSOR PARCEL
NUMBER:
941-1500-051-02
GENERAL PLAN
LAND USE DESIGNATION:
Retail/Office
SPECIFIC PLAN
LAND USE DESIGNATION:
West Dublin BART Specific Plan
ZONING:
PD, Planned Development (P A 96-043)
4
RESOLUTION NO. -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT TO CONDUCT MASSAGE
WITHIN AN EXISTING ±468 SQUARE FOOT OFFICE SPACE LOCATED AT
6665 AMADOR PLAZA ROAD, SUITE 203
PA 05-012 (APN 941-1500-051-02)
WHEREAS, Botond Hites, Business Owner and Applicant for the Holistic Health Center, has requested
approval of a Conditional Use Permit to conduct massage within ±468 square feet of an existing ±20,604 square
foot office building located at 6665 Amador Plaza Road, Suite 203; and
WHEREAS, the Applicant has submitted project plans dated received March 3, 2005; and
WHEREAS, a complete application for the above noted entitlement request is available and on file in the
Community Development Department; and
WHEREAS, the application has been reviewed in accordance with the provisions of the California
Environmental Quality Act (CEQA) and has been found to be Categorically Exempt under Section 15301, Class 1 as
the project would be located within an existing office building involving negligible or no expansion of the existing use;
and
WHEREAS, a Staff Report was submitted recommending that the application for a Conditional Use Permit
be conditionally approved; and
WHEREAS, the Planning Commission held a public hearing on said application on July 26, 2005; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the Planning Commission did hear and use their independent judgment and considered all
said reports, recommendations, and testimony herein above set forth.
NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin Planning Commission does hereby
find that:
A. The proposed use, as conditioned, is compatible with other land uses, transportation and service facilities in
the vicinity, as the conduct of massage in conjunction with a professional office use is compatible with
surrounding professional office uses.
B. The proposed use, as conditioned, will not adversely affect the health or safety of persons residing or
working in the vicinity, or be detrimental to the public health, safety and welfare, as it is aimed to help
relieve individuals of pain in a quiet, undisruptive manner within an existing office space and all applicable
regulations will be met.
C. The proposed use, as conditioned, will not be injurious to the property or improvements in the
neighborhood, as no physical changes will be made to the property and all business operations will be
conducted entirely within the building.
D. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure
that the proposed use and related structures would not be detrimental to the public health, safety, and
welfare, as the conduct of massage in an existing office building will not require additional public services.
ATTACHMENT ,
E. The subject site is physically suitable for the type, density and intensity of the use and related structures
being proposed, as the conduct of massage in an existing office building is compatible with surrounding
professional office uses and adequate parking is available on-site to accommodate the use.
F. The proposed use, as conditioned, will not be contrary to the specific intent clauses, development
regulations, or performance standards established for the PD Zoning District in which it is located, as
conditions of approval have been applied to the project to ensure conformance with all such regulations.
G. The proposed use, as conditioned, is consistent with the Dublin General Plan and with the West Dublin
BART Specific Plan as it is compatible with the Retail/Office land use designation.
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits
or establishment of use, and shall be subiect to Planning Department review and approval. The following codes
represent those departments/agencies responsible for monitoring compliance of the conditions of approval: fPL 1
Planning, rBl Building, rpOl Police, rpwl Public Works rADMl Administration/City Attorney, fFINl Finance, fFl
Alameda County Fire Department, [DSRSDl Dublin San Ramon Services District, rCOl Alameda County
Department of Environmental Health.
CONDITION TEXT
GENERAL
1. Approval. This Conditional Use Permit approval for the
Holistic Health Center, P A 05-012 allows the establishment of
one massage station for the conduct of deep tissue massage and
other related health treatments to relieve chronic
musculoskeletal pains in patients at 6665 Amador Plaza Road,
Suite 203, APN 941-1500-051-02. This approval shall
conform to the Applicant's written statement dated received by
the Planning Division on June 1, 2005 and project plans
prepared by the Meyer Group, dated received by the Planning
Division on March 3, 2005 and other plans, text and diagrams
relating to this Conditional Use Permit, unless specifically
modified by the Conditions of Approval contain herein.
2. Permit Expiration. Approved use shall commence within one
(1) year of CUP approval, or the CUP shall lapse and become
null and void. Commencement of use means the actual use
pursuant to the permit approval, or demonstrating substantial
progress toward commencing such use. If there is a dispute as
to whether the Permit has expired, the City may hold a noticed
public hearing to determine the matter. Such a determination
may be processed concurrently with revocation proceedings in
appropriate circumstances. If a CUP expIres, a new
application must be made and processed according to the
requirements of the Dublin Zoning Ordinance.
3. Continued Use. This Conditional Use Permit approval shall
become null and void in the event the approved uses cease to
operate for a continuous one-year period.
4. Time Extension. The original approving decision-maker may,
upon the Applicant's written request for an extension of
approval prior to expiration, and upon the determination that
any Conditions of Approval remain adequate to assure that
applicable findings of approval will continue to be met, grant a
2
RESPON.
AGENCY
WHEN
REQ'D
Prior to:
SOURCE
PL
On-going
Planning
PL
On-going
DMC
8.96.020.D
PL
On-going
Planning
PL
On-going
DMC
8.96.020.E
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
time extension of approval for a period not to exceed six (6)
months. All time extension requests shall be noticed and a
public hearing or public meeting shall be held as required by
the particular permit.
5. Annual Review. On an annual basis, this Conditional Use PL,PO On-going Planning
Permit approval shall be subject to a review by the Planning
Manager to determine compliance with the Conditions of
Approval.
6. Revocation. This permit shall be revocable for cause in PL On-going DMC
accordance with Dublin Zoning Ordinance Section 8.96.020.1, 8.96.020.1
Revocation. Any violation of the terms of the terms and
conditions of this permit may be subject to the issuance of a
citation.
7. Modifications. Modifications or changes to this Conditional PL On-going DMC
Use Permit approval may be considered by the Community 8.104.100
Development Director if the modifications or changes
proposed comply with Section 8.104.100 of the Zoning
Ordinance.
PROJECT SPECIFIC - CONDITIONAL USE PERMIT
8. Proof of permits. Prior to establishing the use, the Applicant PL Establishment Planning
shall submit evidence (copies) to the Community Development of use
Department that the Massage Establishment and Massage
Service Permits have been obtained.
9. Massage treatments. All activities associated with the PL On-going Planning
Massage Establishment shall be conducted entirely within the
enclosed building during normal business hours of the office.
10. Public or private nuisances. The Applicant shall control all PL On-going Planning
business activity so as not to create a public or private nuisance
to the existing and surrounding businesses.
FIRE PREVENTION DIVISION
11. Building Permits. The Applicant shall obtain building permits I F Building Fire
for any construction in the tenant space. permit and
On-going
12. Fire Alarm. The fire alarm system (if applicable) shall be F On-going Fire
modified as necessary for the tenant improvement. Submit
detailed shop drawings to the Fire Department for approval and
permitting prior to installation. A separate permit fee IS
required.
13. Knox boxes. If not already provided, Knox boxes are required F On-going Fire
at the entrance to the buildings.
14. Fire extinguishers. Provide 2A I OBC fire extinguishers, in F On-going Fire
locations approved by the Fire Department, in the space. An
approved sign in accordance with the Uniform Fire Code shall
be conspicuously posted above the extinguisher.
15. Fire Codes. The project shall comply with Uniform Building F Building Fire
and Fire Codes as adopted by the City of Dublin. permit and
On-going
DUBLIN POLICE SERVICES
16. Security Ordinance. The Applicant shall comply with all PO On-going Police
applicable City of Dublin Non Residential Security Ordinance
3
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
requirements.
17. Establishment Ordinance. The Applicant shall comply with all PO On-going DMC
applicable City of Dublin Massage Establishment Ordinance 4.20
requirements as specified in Section 4.20.
18. Business License. The Applicant shall obtain a City of Dublin PO On-going Police
business license and shall keep it current at all times.
PASSED, APPROVED AND ADOPTED this 26th day of July, 2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Planning Manager
4
CUP Written Statement:
A) The proposed business would be a place where people can have treatment on
specific chronic pains in the musculoskeletal system. This could include but is not
excluded to carpel tunnel syndrome, thoracic outlet syndrome, tennis elbow, ect. Firstly I
would be using particular orthopedic movement testing techniques to pinpoint the
structural problem in the client. From there I would use a variety of hands on work to
alleviate muscle guarding and affect the structural issue at hand. These modalities
include Myofascial Release, Connective Tissue Therapy, Craniosacral Therapy,
Neuromuscular Therapy (also know as Trigger Point Therapy), cross Fiber Friction
Technique (as described by Dr. Criax), and Deep Tissue massage.
All my work will be with the musculoskeletal system only so as to stay within the
scope of my practice. No chiropractic adjustments, diagnoses, or prescriptions will be
given. I have over 1300 hours of certified training from Heartwood Institute. This
includes the Holistic Health Practitioner Certificate. I also interned with Physical
Therapist John Schmitt for six months (Trillium Physical Therapy, 707-923-9333) and
have liability insurance ffom the American Massage Therapy Association. Copied
certificates from Heartwood Institute are enclosed.
B) No employees are in the proposed plan. I will be owner and operator.
(Holistic Health Practitioner Certificate enclosed)
C) Days of operation will be all days of the week, hours of operation from 8am to
6pm.
D) The business will target any person with a musculoskeletal disorder.
E) Chronic pain is by definition specific pain that has lasted longer than one
month. This can not only be debilitating but also stressful, thus leading into a
cycle from which people can have a hard time emerging. I am confident that
with my training I can help many in need to break this cycle, thereby
benefiting community function.
F) The running of the business is of a quite nature and would not disrupt the
peace of the surrounding residents or businesses.
G) The business will not have any negative effects on the health or safety of the
surrounding residents or businesses.
H) The business will not have any negative impacts on property, transportation
systems, or existing improvements in the neighborhood.
RECEIVEO
JUN 0 1 2005
ATTACHMENT 2 DUBLIN PLANNING
Df-\ 05 -0\ a-
I) The proposed project is not located on a hazardous waste and substances site.
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NOTES,
c:.-ONeTRJJc"T FRAMe ),,(ITH I"Ú"}( I_~N X 26 6"- SHEeT METAL C.HANNEL.
2. Y\RAP TO" AND 91DE5 ¥'11TH ~. TYPE X GYF, eo....~ AND FIRE-TAPe eEFORE INSTALLATION.
. A TT AG-H FRAMe; TO TOP OF SI-IN'TN\LL c.EllIN6 ASSEMeL Y FRAMING AT REœS5(;P LI6HT
"'IXTVRE LOGATJONS, LINE 11In-i %" 11"PE X 6'T"F'. OOARD ANtJ t"IJite-TA1I'e AfTER IN5TALLATIGN.
. ENc.L06URE FOR 2' X 4' FI)('1"\)RE Sl-tOrtN. E:NC.L-OSURE FOR ;2' X 2' FIXT\..IRE 51HI~
ffi RECESSED LIGHTING FIXTURE ENC.LOSURE
!.:-\-10UR RATED SHAFTI/'JALL CEILING>
HOLISITIC HEALTH CENTER
6665 Amador Plaza Road, Suite 203
PA05-012
APN 941-1500-051-02
6665 Amador Plaza Road
6665 Amador Plaza Road
ATTACHMENT ~